Superseded 10/1/2023)
Superseded 10/1/2023
78A-6-103. Original jurisdiction of the juvenile court — Magistrate functions — Findings — Transfer of a case from another court.
| (1) |
Except as otherwise provided by Sections 78A-5-102.5 and 78A-7-106, the juvenile court has original jurisdiction over:
Terms Used In Utah Code 78A-6-103- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Dependent: A person dependent for support upon another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
a felony, misdemeanor, infraction, or violation of an ordinance, under municipal, state, or federal law, that was committed by a child; |
| (b) |
a felony, misdemeanor, infraction, or violation of an ordinance, under municipal, state, or federal law, that was committed by an individual:
| (i) |
who is under 21 years old at the time of all court proceedings; and |
| (ii) |
who was under 18 years old at the time the offense was committed; and |
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| (c) |
a misdemeanor, infraction, or violation of an ordinance, under municipal or state law, that was committed:
| (i) |
by an individual:
| (A) |
who was 18 years old and enrolled in high school at the time of the offense; and |
| (B) |
who is under 21 years old at the time of all court proceedings; and |
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| (ii) |
on school property where the individual was enrolled:
| (A) |
when school was in session; or |
| (B) |
during a school-sponsored activity, as defined in Subsection Section 53G-8-211. |
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| (2) |
The juvenile court has original jurisdiction over any proceeding concerning:
| (a) |
a child who is an abused child, neglected child, or dependent child; |
| (b) |
a protective order for a child in accordance with 2; |
| (c) |
the appointment of a guardian of the individual or other guardian of a minor who comes within the court’s jurisdiction under other provisions of this section; |
| (f) |
the treatment or commitment of a minor who has an intellectual disability; |
| (g) |
the judicial consent to the marriage of a minor who is 16 or 17 years old in accordance with Section 30-1-9; |
| (h) |
an order for a parent or a guardian of a child under Subsection 80-6-705(3); |
| (j) |
the treatment or commitment of a child with a mental illness; |
| (k) |
the commitment of a child to a secure drug or alcohol facility in accordance with Section 26B-5-204; |
| (l) |
a minor found not competent to proceed in accordance with 4; |
| (m) |
de novo review of final agency actions resulting from an informal adjudicative proceeding as provided in Section 63G-4-402; |
| (n) |
adoptions conducted in accordance with the procedures described in 1, if the juvenile court has previously entered an order terminating the rights of a parent and finds that adoption is in the best interest of the child; |
| (o) |
an ungovernable or runaway child who is referred to the juvenile court by the Division of Juvenile Justice and Youth Services if, despite earnest and persistent efforts by the Division of Juvenile Justice and Youth Services, the child has demonstrated that the child:
| (i) |
is beyond the control of the child’s parent, guardian, or custodian to the extent that the child’s behavior or condition endangers the child’s own welfare or the welfare of others; or |
| (ii) |
has run away from home; and |
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| (3) |
The juvenile court has original jurisdiction over a petition for special findings under Section 80-3-505. |
| (4) |
It is not necessary for a minor to be adjudicated for an offense or violation of the law under Section 80-6-701, for the juvenile court to exercise jurisdiction under Subsection (2)(p). |
| (5) |
This section does not restrict the right of access to the juvenile court by private agencies or other persons. |
| (6) |
The juvenile court has jurisdiction of all magistrate functions relative to cases arising under 5. |
| (7) |
The juvenile court has jurisdiction to make a finding of substantiated, unsubstantiated, or without merit, in accordance with Section 80-3-404. |
| (8) |
The juvenile court has jurisdiction over matters transferred to the juvenile court by another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303. |
Amended by Chapter 161, 2023 General Session
Amended by Chapter 264, 2023 General Session
Amended by Chapter 330, 2023 General Session
